Employee Case Study

1577 Words4 Pages
bulb-icon

Recommended: Advantages of victim/offender mediation

Luxen (2013) claims that the work time of the employee should be reviewed in case he/she is qualified for receiving money for unused vacation time. If the terminated employee is qualified then the employer must have either a written policy or a method of payment for unused sick/vacation time. After termination occurs it is a law that the employer pays the final pay within a certain amount of days, usually one business week. If the employee has been terminated on charges for misconduct they will not be entitled to benefits such as Consolidated Omnibus Budget Reconciliation Act (COBRA) health insurance. According to Tae Wan (2014), severance payment is given by the employer for certain kinds of wages and expenses that are owed to the employee. …show more content…

During the termination process, there should be proper investigations that take place within the workplace. If an employer fails to investigate the employees’ case of termination then the liability will fall on the employer. There should be documentations that state how the process of termination will be constructed. In the documentations there are policies and records of how to file for appropriate grounds of termination. The records will also state whether the employee is entitled to any compensation or benefits. Stomierowski (2009) claims that the employer must specify the terms of compensation and benefits the employee will be …show more content…

When an employer is taken to court because of a termination there must be papers that provide legitimate reasons for the employees’ termination. If the termination of the employee was at will, there still has to be sufficient supporting documents that show probable cause for termination. If the employer fails to provide supporting documents of the termination then he/she is at risk for discrimination. The documents can be any of the following: time sheets, disciplinary reports, dissatisfaction report, policy violations, or e-mails. A big risk for the employer in a termination court case is if the case is turned over to the jury for them to decide the outcome. In most states the jury will favor the employees’ side rather than the employer. This can be solved by having both parties agree to a statement saying there will be no trial by jury. By not having a trial by jury it ensures both parties that the ruling will be declared by the judge. The downfall of this for an employer is that the litigation charges still remain. If both parties agree they do not want to take the case to court than they will agree on mediation. Mediation allows both parties to work the case out without a formal proceeding. This can be beneficial to both

Show More
Related

  • Michigan Court Case: Charles Toussaint vs BlueCross Blued Shiled

    2165 Words  | 5 Pages

    In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of ambiguous language that could allow them to get sued or sue. Consequently, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their manuals with experienced legal staff. Even with the best legal team and the perfect wording there is still no definite assurance that an employer will be completely protected from such lawsuits, but taking these preventive measures helps in the long run.

    Read More

  • Whalen v. J.P. Morgan Chase

    950 Words  | 2 Pages

    Human Resources (HR) is responsible for monitoring employee job classifications. The framework of the job description and job analysis ensures a company is compliant and compensates employees fairly. Companies have two options for determining how to categorize their workers, based on the Fair Standards Labor Act (FSLA); employers must recognize an employee job classification as an exempt employee or non-exempt employee. The guidelines suggest the nature of the work performed by the employee determines which classification a company selects. Certain job classifications warrant an employee to receive overtime pay, if a worker works over forty hours during a workweek, which would require the employer to compensate the worker at a higher rate. This process has had conflicts and legal litigation since its inception. There have been numerous complaints filed by employees who feel their jobs are incorrectly classified, and they should be eligible to receive overtime pay. The case below is an example of a legal action filed against employers. These cases are increasing across the country as employer look for ways to augment their payrolls and main production cost.

    Read More

  • Case Management Case Study

    1135 Words  | 3 Pages

    Evolving since the 1980’s, case management, an essential part of quality assurance programs, promotes excellence and efficiency in consumer health care, while conserving costs for health care organizations. Effective case managers answer the demands of changing health in promoting and facilitating a patient’s progression of care (Scott 2014).

    Read More

  • The US and EU Labor and Employment Laws

    886 Words  | 2 Pages

    First things first, termination of employment and employment contracts. There are a lot of significant differences in this domain between the US and EU, but foremost is that in the United States there is no legal requirement for an explicit labor contract. Most employment is on an at-will basis, which means that either the employer or employee can terminate the employment without any prior notice at any given point of time if the reasons for this are lawful. Notably, American federal laws and the US Fair Labor Standards Act do not mandate that employers should notify their employees before termination. An employer can fire an employee for any reason other than discrimination, retaliation, defamation, breach of explicit contract or fraud. On the contrary, in...

    Read More

  • Employment at Will

    1421 Words  | 3 Pages

    Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also change the terms of employment without notice and no penalties. Throughout this paper, the two sides to employment at will will be discussed, and different examples of employment at will cases will be given. At its most basic, employment at will is not the best path because it can create feelings of violation and betrayal in the employee and can create a negative public opinion or loss of profit for the business.

    Read More

  • Scenario In The Workplace Scenario

    785 Words  | 2 Pages

    Scenario 2 – The first obvious fix would have been for everyone to agree to a few norms for the meeting. One being to use “I” statements instead of “you” statements. The teacher everyone was upset with might have responded a bit differently had she not felt attacked by the team. Another fix, although it was tried, was a mediator. Maybe if the mediator had been someone other than an administrator, for instance a counselor, the teacher would have been more open to listening to the team. Having an administrator present possibly made her feel as if her job was in jeopardy. Along with the use of I statements the mediator needed to ensure everyone had a chance to speak and actively listen. Active listening does not mean you agree with the

    Read More

  • Case Management Case Study

    546 Words  | 2 Pages

    According to the Case Management Society of America, case management is "a collaborative process of assessment, planning, facilitation, care coordination, evaluation, and advocacy for options and services to meet an individual's and family's comprehensive health needs through communication and available resources to promote quality, cost effective outcomes" (Case Management Society of America [CMSA], 2010). As a method, case management has moved to the forefront of social work practice. The social work profession, along with other fields of study, recognizes the difficulty of locating and accessing comprehensive services to meet needs. Therefore, case managers work with these

    Read More

  • Case Management Case Study

    917 Words  | 2 Pages

    Case management refers to when a person or people in need require an environmental intervention. The Conrad Hilton Association defines case management as “one of the primary services offered to individuals and families who face multiple challenges, including severe mental illness, addiction, and homelessness.” Case management often helps those who are struggling or who are in need, however, the term tends to be used very loosely within organizations.

    Read More

  • Employment At Will vs. Due Process

    1468 Words  | 3 Pages

    In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.

    Read More

  • National Labor Relations Act

    455 Words  | 1 Pages

    Employees should file charges with the nearest NLRB regional office. Unfair labor practices are rendered a decision by the Board after the investigation is completed. The Board decisions are voluntarily fulfilled. The U.S. Courts of Appeals provides enforcement for organizations that are non-compliant. The federal court reviews the claims of parties who received an unfavorable decision.

    Read More

  • Employment-at-Will and Whistleblowing

    2254 Words  | 5 Pages

    During recent years, the principle and practice of employment at will has been under attack. Employment-at-will has been a fixture in the United States employment law since the Industrial Revolution in the late 1800’s. In the simplest and earlier state, employment at will meant that an employee who worked for an indefinite period of time worked at the will of the employer. Absent a contractual provision to the contrary, either party could terminate the employment for any reason. At least 55% of all employees and managers in the private sector of the workforce in the United States today are “at-will” employees (Radin & Werhane, 2003). On the surface, employment at will appeared to be a neutral doctrine fiving both the employer and the employee a way out of an undesirable employment relationship. However, the doctrine in practice worked to the benefit of...

    Read More

  • Paid Time Off Essay

    647 Words  | 2 Pages

    Other benefits aligned with paid time off is sick leave awarded in 4 hour increments per pay period with no limit on accruals. Employees may use this time to attend medical appointments for themselves and dependents. The sick leave bank is also used for bereavement (up to 5 days) and funeral (up to 3 days) time off when unfortunate deaths occur.

    Read More

  • Layoff Case Study

    743 Words  | 2 Pages

    Layoffs are one means by which an organization can reduce expenses with the intent of improving its bottom line. Despite being typically performed as a last resort, layoffs often have a negative impact on the remaining workforce. As a manager, there are numerous areas for concern in managing the workforce going forward. The human costs related to downsizing are “immense and far-reaching” with one of the most profound being survivor syndrome according to Hanson (2015, p. 187). Also known as survivor’s guilt, this condition relates to the emotions felt by those still employed and some of the effects include decreased motivation, moral, and job satisfaction, as well as an increased proclivity to search for other employment. This volunteer turnover being another grave concern for managers, and retention of the remaining workforce is usually dependent on their existing perception of the organization and its culture (Sitlington & Marshall, 2011). Also relayed by

    Read More

  • The Labor Grievance Process

    1006 Words  | 3 Pages

    If you are like the majority of managers operating within labor contracts then you can relate to the frustration that accompanies the labor grievance process. For the most part, grievance policies are set to be mediating faucets that allow for a clarification or even a compromise between employer and employees. Yet, what takes place absent a clear understanding of the true purpose of the grievance process may be a whirlwind that brings about much aggravation and frustration between both parties. What follows are three effective methods in ensuring that your company’s approach in dealing with grievances is not distorted or manipulated.

    Read More

  • Human Resource Management and Labor Relations

    1511 Words  | 4 Pages

    Employees of nonunion organizations may not have the same opportunities and job security as those of unionized organizations. These employees may be classified as at-will workers in which the employer or employee can terminate employment at any time. Al...

    Read More

More about Employee Case Study

Open Document